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Kansas City Truck Accident Lawyer

Wendt Law Firm P.C. > Kansas City Truck Accident Lawyer

Kansas City Truck Accident LawyerKansas City sees frequent truck accidents, which usually result in devastating outcomes. A collision with a semi-truck or commercial vehicle can cause serious injuries and lost income, which can lead to overwhelming financial expenses.

Our Kansas City truck accident lawyers at Wendt Law Firm stand with truck accident victims to hold negligent drivers accountable. Our firm can seek essential compensation for its losses.

Kansas City serves as a national freight hub due to its position where I-70, I-35, and I-435 intersect, which means drivers encounter large commercial trucks frequently. If you’ve experienced an injury, call (816)531-4415 for a free consultation with our legal team.

Defining Truck Accidents

Defining Truck Accidents

Accidents involving trucks occur when commercial vehicles, like 18-wheelers and delivery trucks, collide with other vehicles. These vehicles are large and heavy enough to create major destruction while causing injuries that can change lives. High-traffic areas in Kansas City, including the Downtown Loop, West Bottoms, and the industrial corridors close to I-35, frequently experience truck crashes.

Common commercial vehicles involved in these incidents include:

  • Semi-trucks
  • Tractor-trailers
  • Dump trucks
  • Garbage trucks
  • Delivery vans
  • Box trucks
  • Tanker trucks
  • Flatbeds

Truck accidents happen due to multiple factors. Some are avoidable, while others result from equipment malfunctions or dangerous roads. Either way, the outcome is often devastating.

 

What Makes Truck Accidents in Kansas City So Dangerous?

The maximum weight of large trucks can reach 80,000 pounds. The smaller vehicle typically bears the most damage when it collides with a standard-sized car. The situation is particularly alarming in Kansas City because numerous residents work in transportation, construction, and service industries, which require daily driving, late-night driving, or commuting through industrial corridors.

Victims can require extended medical treatment, miss numerous workdays, or become completely unable to work and earn money. People affected by truck accidents in Kansas City should immediately seek guidance from a local truck accident lawyer.

Common Injuries From Truck Accidents

Common Injuries From Truck AccidentsAccidents with big commercial trucks typically cause severe harm to people inside smaller vehicles. Kansas City residents experience significant disruptions from these injuries because they depend on their vehicles for daily activities, such as commuting, caregiving, and working. A truck collision that keeps them from driving affects all parts of everyday living.

 

Truck accident injuries often include:

  • Psychological trauma
  • Bone fractures
  • Burns
  • Traumatic brain injuries (TBI)
  • Internal bleeding
  • Spinal cord injuries
  • Numerous fractures
  • Severe burns
  • Wrongful death

Serious Physical and Emotional Harm

People with broken arms, legs, ribs, or pelvic bones usually need surgical intervention and extensive physical therapy. Internal organ damage and bleeding, which might not show immediately, can pose a serious threat to life. Crashes that include flammable materials or cargo spills produce a higher risk of burns and lacerations.

Many accident victims suffer from both physical injuries and emotional distress. The mental health conditions that develop after serious accidents include post-traumatic stress disorder (PTSD), anxiety, and depression, which can interfere with a victim’s work capabilities, driving abilities, and perception of road safety.

Types of Truck Accidents

The FMCSA keeps track of large truck crash statistics using the Fatality Analysis Reporting System (FARS) and other databases. According to the latest report from FMCSA, 5,837 fatal accidents involved large trucks in 2022.

This represented a 2% increase from 5,733 fatal accidents the previous year. In addition, about 120,000 injury crashes involved large trucks – a 3% increase from 2021.

While all truck accidents are unique, there are certain patterns that exist among these types of wrecks. The design of large trucks lends itself to these types of accidents in particular:

Rollovers

Commercial trucks can tip and roll over if the driver takes a curve too sharply, drives too fast for conditions, strikes an object in the road, tries to correct a trailer that’s gone off the road, or brakes incorrectly down steep declines. Rollovers can crush smaller vehicles and lead to highway pileups.

Jackknifes

A large truck “jackknifes” when the trailer swings out away from the cab at a sharp angle. Jackknifing can occur when the driver uses an incorrect braking tactic. This makes it impossible for the driver to control the vehicle. At this point, a rollover or other accident may occur.

Rear-End Collisions

Large trucks do not possess the same stopping power as smaller, lighter vehicles. They require more room to come to complete stops. Truckers who follow too closely or speed may end up causing rear-end collisions that can be fatal to passengers in other motor vehicles.

Underride Accidents

When a smaller vehicle rear-ends a large truck, the front of the smaller car can go underneath the rear trailer. This can lead to catastrophic and fatal injuries such as decapitation. Other motorists should always leave plenty of following room when behind large trucks and pay attention while driving.

Common Causes of Truck Accidents

Common Causes of Truck AccidentsMost truck accidents are preventable. Human error is a common cause of accidents, but poor vehicle upkeep and unsafe roads also contribute to vehicle collisions in Kansas City’s commercial traffic areas.

Construction workers and transportation drivers in Kansas City frequently travel during risky hours, while food service employees face dense traffic zones. The likelihood of encountering large commercial trucks on the road rises under these circumstances.

Specific causes of commercial vehicle accidents include:

  • Driver Fatigue: Extended driving shifts without breaks lead to impaired judgment and slower reaction times.
  • Distracted Driving: Texting and driving, eating, or operating in-cab devices takes a driver’s attention off the road.
  • Traffic Violations: Running red lights or performing unsafe lane changes can lead to sudden collisions.
  • Speeding: Heavier vehicles take longer to stop.
  • Maintenance Issues: Neglected vehicle care includes the failure to address bald tires and worn brakes.
  • Driving Under the Influence: Driving with alcohol or drugs in your system slows reaction times and decision-making.
  • Improper Loading: Improper loading creates a risk of rollovers or braking issues when unbalanced or overloaded cargo is transported.
  • Weather Conditions: Trucks face difficulty in braking and maintaining their lane position when confronted with rain, fog, or snow.

Who Is Liable for a Trucking Accident in Kansas City?

A semi-truck accident injury case comes with unique liability issues. Rather than your case only involving you and another driver, it may also include the liability of a trucking company, truck owner, contractor, cargo company, or product manufacturer.

In most cases, a trucking company will be vicariously liable for accidents involving its trucks and/or drivers – even if the company leases the trucks and uses independent contractors as drivers. FMCSA laws hold companies responsible for most truck accidents. Other parties, however, may also share liability.

  • The truck company. A truck company could be liable for its negligence, such as failing to properly maintain and inspect its trucks.
  • The truck manufacturer. If a defective or dangerously designed truck part – including instruments used to secure cargo – caused an accident in KC, the manufacturer or distributor could be liable for damages.
  • A third party. A third party could be responsible for your truck accident if someone other than the truck driver or company caused your crash. Examples include the Kansas City government for a roadway defect, a construction company for a dangerous site, and another driver.

Federal and state laws set standards for how much insurance a trucking company must carry.

When a claim determines the trucking company is at fault, its insurance company must pay benefits. If the insurance company refuses to offer you a reasonable settlement, a lawyer can help you negotiate.

Federal Regulation of Missouri Trucking Accidents and Accident Lawsuits

Truckers differ from typical motor vehicle drivers in that they must obey federal and state safety laws while on the road. Truck drivers must also possess a commercial driver’s license, obtained only after special tests and driver training.

There are dozens of laws truck drivers must abide by at all times, which cover how often they must sleep and when to check the truck’s engine performance, among other details. Breaking any of these laws is an act of negligence that could result in a crash. Here are some of the most important FMCSA regulations involved in trucking:

Drug and Alcohol Tests

All commercial vehicle operators must consent to drug and alcohol testing pre-employment, during random drug tests, under reasonable suspicion, and post-accident. Trucking companies can only offer employment if the driver tests negative during pre-employment substance tests.

Hours of Service Regulations

Drowsy driving is a serious issue in the commercial trucking industry. Truck drivers may not drive longer than 11 consecutive hours during a 14-hour maximum shift, which can only occur after 10 consecutive off-duty hours. Drivers cannot drive 60 hours in seven consecutive days or 70 hours in eight days. Drivers must take one 30-minute break in the first eight hours of a shift.

Size and Weight Restrictions

Large trucks can only weigh so much, depending on their size. Single-axle trucks may only carry up to 20,000 pounds, while two-axle trucks can carry 34,000 pounds maximum. No large truck can weigh more than 80,000 pounds. Overloading a truck is extremely dangerous and can lead to rollover accidents. There are also laws for truck heights and widths.

Truck Maintenance

Trucking companies and drivers must take care to properly maintain and service fleet vehicles. Drivers must keep logs recording daily inspections and performance checks before hitting the road. Federal laws exist to control the quality of many truck parts, such as air brake systems. Part manufacturers must also obey certain regulations when creating truck components.

After a crash, victims should look at federal regulations that the driver, company, or another entity may have broken about the accident.

The federal government strictly regulates commercial vehicle activity and performance. Any broken federal or state law, resulting in a crash, is negligence per se.

This legal doctrine makes it relatively easy for victims to obtain compensation since the defendant committed an unlawful act. An accident lawyer can help you navigate all applicable FMCSA laws and state-specific trucking codes to pursue recovery.

Missouri-Specific Truck Safety Standards

Missouri-Specific Truck Safety StandardsMissouri trucking regulations exist alongside federal rules to govern commercial drivers who operate within state boundaries. Missouri law demands full adherence to the Federal Motor Carrier Safety Regulations (FMCSR) while implementing additional rules for intrastate commercial trucking. Commercial drivers who operate only inside Missouri boundaries still need to fulfill medical qualifications, and they could face extra state-specific inspection and registration protocols.

 

The Missouri Department of Transportation (MoDOT) performs routine roadside checks. It also collaborates with local law enforcement to supervise commercial traffic on Kansas City’s busiest roads. The main concerns during these inspections include driver fatigue, brake safety, and cargo weight limits. Trucks surpassing Missouri’s weight limits must obtain special permits and use designated routes, which frequently appear in the industrial districts of West Bottoms and Northeast Kansas City.

 

How Wendt Law Firm Identifies Safety Violations

At Wendt Law Firm, we understand how to uncover these violations. We often find that companies try to hide or disguise evidence after an accident by rushing repairs or altering logbooks. Our legal team knows how to spot inconsistencies and expose the truth. If you’ve been injured in a truck accident, you need a legal team that understands the full scope of state and federal trucking regulations and how they apply to your case.

The Financial Strain After a Truck Crash

Workers in Kansas City who occupy transportation and material moving (7%), construction and extraction (5%), or food service and retail (17%) professions tend to drive more and face increased chances of severe accidents. Sidelining these workers through a truck accident threatens their financial stability by jeopardizing their earning potential.

The financial burden of short-term disability becomes devastating for Kansas City families, who earn a median household income of $63,251, and 14% live below the poverty line. Without financial reserves, medical expenses, vehicle replacement costs, and lost wages quickly become a financial burden for families.

Our legal team at Wendt Law Firm fully recognizes the extensive damage that can result from truck accidents. We fight to make sure you receive the compensation necessary for physical recovery as well as emotional and financial restoration.

What to Do After a Truck Accident in Kansas City

Victims of truck accidents often feel confused and overwhelmed about their next steps. Protecting your health through early action also strengthens any future compensation claims you can pursue. Residents of Kansas City also need to take immediate action after losing their car because it affects their work schedule and family responsibilities.

Immediate Actions at the Scene

Immediate Actions at the SceneThe first priority after any truck accident should be ensuring your safety. If you can access a safe area, relocate there before dialing 911 right away. Emergency responders have the dual function of treating injuries and filing official police reports, which are important for medical care and your legal claim.

 

Never admit to being at fault, and be careful to avoid any statements that might appear as an admission of guilt. Do not delay getting medical attention, even if you feel okay. Whiplash injuries, internal bleeding, and concussions often present no immediate symptoms but require quick treatment to prevent further deterioration. The resulting medical records establish a timeline, which becomes vital evidence during the claim-filing process.

Lastly, only proceed with these steps at the scene if you’re physically able:

  • Capture images and video footage of any vehicle damage, skid marks, traffic signals, and road conditions. Also, make sure to document any visible injuries.
  • Collect the truck driver’s name, contact information, insurance details, company name, and DOT number. Talk to witnesses and obtain their contact details.

When to Contact a Truck Accident Lawyer

It is crucial to contact a truck accident lawyer immediately after receiving medical treatment. Wendt Law Firm conducts crash investigations and analyzes both police reports and company records to identify any violations. Our team collaborates with consultants to determine how a client’s accident was caused. We also handle insurance communications to secure your rights and seek complete reimbursement.

Missouri’s Deadline to File

Missouri law sets a five-year statute of limitations for personal injury and truck accident cases, based on the crash date. Even though five years may feel like sufficient time to file a lawsuit for personal injury cases, it is advisable to take legal action earlier. Evidence can disappear, and witness memories can be less reliable over time. A lawyer can create a strong case when you contact them at the earliest possible time.

Building a Strong Case: Liability, Evidence, and Professionals

Building a Strong Case: Liability, Evidence, and ProfessionalsEstablishing liability for a truck accident requires uncovering all possible factors, including driver mistakes and employer misconduct. Wendt Law Firm collects evidence like driver logs, maintenance records, and black box data for our investigations.

Our team works alongside accident reconstruction consultants and medical professionals to build a solid foundation for your claim. Our integrated approach enables us to establish both the sequence of events and the responsible parties while strengthening your case with all-encompassing evidence.

How Much Should You Expect From a Kansas City Truck Accident Settlement?

A truck accident settlement aims to reimburse the victim for the damages he or she suffered because of the wreck. The award amount, therefore, will depend on each unique case.

A victim with catastrophic injuries because of a truck accident may receive more money than someone with minor cuts and scrapes, for example.

If your accident lawyer believes you can achieve a settlement, learn what kind of compensation to expect by making a list of all your economic and non-economic damages.

  • Medical bills. Your attorney can fight for full reimbursement for all your medical expenses and health care costs – those you have already paid for and the foreseeable costs you will have in the future.
  • Lost wages. The money you lose from having to stay home from work while you recover from an injury could become part of your economic damage award in a truck accident claim. Your lawyer could also request lost future earnings.
  • Pain and suffering. General damages such as physical pain, emotional trauma, mental anguish, psychological suffering, loss of consortium, and loss of quality of life are compensable damages in Kansas City.
  • Property repairs. Damaged property from the truck company or someone else’s negligence may receive compensation for repairs or replacement. The defendant may also pay for other out-of-pocket expenses, such as a vehicle rental.

Calculate your economic damages by adding up your bills and out-of-pocket expenses related to the accident. Predict future economic expenses to add as well.

Then, use a lawyer’s help to estimate a potential non-economic damage award. A courtroom may use multiple tactics to calculate intangible losses. More severe injuries and impacts on the victim’s life will generally lead to higher non-economic damage awards.

Consult with our truck accident attorneys and review our past results for an idea of what your truck accident case could be worth.

Insurance Company Tactics and How Wendt Law Firm Helps

Insurance companies frequently provide fast but minimal settlements, or they intentionally slow down claims to force victims into accepting less money. Some even investigate claims to minimize payouts. The professionals at Wendt Law Firm know how to effectively manage these insurance industry tactics.

Our firm engages insurers in negotiations while actively opposing bad-faith insurance practices. Our team defends your legal rights while working to obtain the compensation you deserve. We work to make sure insurance companies cannot exploit your situation.

Contact Wendt Law Firm

Contact Wendt Law FirmIf you’ve been injured in a truck accident in Kansas City, don’t wait to get the legal support you need.

The Kansas City truck accident attorneys at Wendt Law Firm are ready to seek fair compensation for your injuries, lost wages, and recovery needs.

We offer free consultations and can guide you through every step of your case. Contact us on our website, or call us today at (816)531-4415 to get started.

 

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Wendt Law Firm P.C.

4520 Main Street, Suite 1000, Kansas City, MO 64111, United States

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